My brother is a drug addict who continues to live at home and steals from my parents. He took checks and my parents are the fence about pressing charges. Also they were given the paperwork to file for an order of protection. If they file the paperwork will he be charged with the check fraud? He is 18 years old and since I do not live at home if my sister filed for an order of protection against him would that be granted?
Filing for an order for protection is not related to the check charge case. Your parents would have to call the Police and report the forged checks as a crime. An order for protection is a civil matter. It sounds like your Parents do not want to report his activity. Perhaps there is some sort of co-dependent relationship between your parents and Your brother. An order of protection typically requires a violent, physical confrontation for an order to be granted.
Under Arizona law, your brother could be charged with fraud and/or forgery, both felonies. Many times as part of the resolution drug treatment is mandated. Whether or not your parents file order of protection paperwork, in Arizona, would not affect any charging condition made by the police or Maricopa County Attorneys office. If the authorities don't know about this already (ie the check cashing location) and your parents report this conduct to the authorities, there may be enough information to charge your brother. --MH
An order of protection will not prevent him from continuing to use the checks he stole. The only thing would to report it to the authorities and the bank. Unfortunately it sounds like his behavior will not stop without legal intervention.
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